Zuba & Associates, P.C.

Father fights for child custody after ex-wife passes away

Despite the best intentions when couples marry, there comes a point when some decide that seeking a divorce is in the best interest of everyone involved. Many couples in Illinois have found that their divorce proceedings can become complicated by child custody issues. Unfortunately, one former couple's child custody issues are still ongoing even though one of the parents has since passed away. The out-of-state case is set to be decided by a judge.

According to court records, the couple divorced in 2005. The woman remarried and moved to a neighboring town, taking the children with her. She and her new husband apparently raised the children together. However, the woman died as a result of breast cancer in Oct. 2015.

Since then, the biological father of the children and their stepfather have been locked in a custody battle. The father, who is now seeking custody of the two teenagers, claims that he has had a limited relationship with the children due to attempts of the mother to alienate him. He further asserts that the stepfather is continuing these attempts by denying him access to the children. The children have reportedly expressed a desire to remain with their stepfather.

The judge in this case must carefully examine the best interests of the children as well as the legal rights of the biological father. Because most people have little experience with the family court system, many people embroiled in a child custody dispute in Illinois choose to seek the guidance of an experienced attorney. By doing so, they may be better equipped to ensure that their voice is heard in family court.

Source: newstimes.com, "Dad, stepdad battle for custody", Daniel Tepfer, Nov. 19, 2015

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